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  1. It was brought up prior to the hearing with the solicitor acting on behalf of HL Interactive, who were acting on behalf of Santander. He was unable to get any answers as he didn't have any contact info, and his only contact at HL Interactive also had little or no info. He went into the hearing with 2 bits of paper, one of which we had given him (our proposal), therefore our solicitor suggested we concentrate on getting the repossession suspended.
  2. We were advised on the day to just concentrate on getting the repossession suspended, with an offer of a monthly payment plan for the arrears, which we did. I then got the FOS to investigate a number of problems with our mortgage including the balance, charges and interest. The response from the FOS regarding the actions of the mortgage provider, and whether they had acted responsibly was as usual pretty lame, however they did agree that there were a considerable number of charges and their associated interest that needed to be refunded. The mortgage provider also admitted that they had caused us undue stress and made a goodwill payment. Therefore, if the balance was incorrect the repossession order is also incorrect, also the account was clearly in dispute and that the lender had caused undue stress.
  3. I know that one of the rules that the lender must do is provide you with a statement of what you owe e.g. outstanding mortgage pus arrears prior to applying for repossession. Is the repossession hearing allowed to take place, and, or is its outcome valid if; It is proved that the account was in dispute over the balance claimed by the mortgage lender. It is also proved that the balance was incorrect. If so how hard is it to have a suspended repossession order set aside.
  4. Thanks Have to be a bit careful or it will be obvious who is who, but its basically a case of fraud. Letters reproduced and adjusted and submitted as evidence.
  5. Well I had my day in court, obviously they didn't attend. The judge was deeply disturbed regarding some of the evidence they had used. Case dissmissed. I think this has to be taken further.
  6. Now had a court date through. How far will they go into this. What is my next move.
  7. However, it could be that they will send a letter/Consent order suggesting that in order to save costs if you sign the order, then they will accept instalment payments. (However, they will include their costs to date in the order). Got that with scare tactic. N170 arrived, filled a few of these out for a company I worked for, but they always owed the money, so I am not 100% on what I should put, e.g. mediation not sure how this works in this case.
  8. I don't understand why they are continuing when the basis of their claim is faulty, are they expecting me to just roll over.
  9. Well slight problem apparently Cap One / Lowell want to continue with the court action.
  10. Sent off CPR request to Lowell, received a letter back from Bryan Carter stating they will not send anything out. Quote - It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.
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